Woodruff v. Thornsbury

ROBERT WOODRUFF, Plaintiff, v. MICHAEL THORNSBURY, individuallyand in his official capacity,and JARROD FLETCHER, individuallyand in his official capacity, andSTEVEN D. CANTERBURY, in his officialcapacity as Administrator of theWest Virginia Supreme Court of Appeals, andTROOPER BRANDON MOORE, individually andin his official capacity, andCOLONEL JAY SMITHERS, in his official capacityas Commander of the West Virginia State Police,JEFF CLINE and POLICE OFFICER NATHAN GLANDEN,individually and in his official capacity, andCOMMISSIONERS OF THE MINGO COUNTY COMMISSION,in their official capacity, and MICHAEL SPARKS,in his official capacity, Defendants.

Civil Action No. 2:13-24001

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON

ENTER: May 8, 2014

MEMORANDUM OPINION AND ORDER

Pending are separate motions to dismiss filed by defendant Colonel Jay Smithers on October 14, 2013, by defendant Administrator Steven D. Canterbury on October 30, 2013, by defendant Officer Nathan Glanden on February 10, 2014, by defendant Trooper Brandon Moore on February 12, 2014, by defendantMichael Thornsbury on February 14, 2014, and by defendant Michael Sparks, respectively, on April 7 and April 9, 2014 (original and amended versions, hereinafter referred to as Mr. Sparks' "motion to dismiss").¹

Also pending are plaintiff Robert Woodruff's motion to file the first amended complaint, filed February 14, 2014, and Mr. Woodruff's motion to dismiss defendant Jeff Cline, filed February 21, 2014. The motion to amend was presented following the unauthorized filing of the first amended complaint on January 31, 2014. That unauthorized filing is the sole basis for Mr. Thornsbury's motion to dismiss. Inasmuch as leave to amend shouldbe freely granted, and the proposed amendment is within the applicable deadline specified in the scheduling order, it is ORDERED that the motion to amend be, and hereby is, granted. It is further ORDERED that the first amended complaint be, and hereby is, filed nunc pro tunc on January 31, 2014. It is additionally ORDERED that Mr. Thornsbury's motion to dismiss be, and hereby is, denied as moot.

Respecting Mr. Woodruff's motion to voluntarily dismiss Mr. Cline, it is asserted that Mr. Cline has no assets to satisfy a judgment. Mr. Woodruff thus seeks to voluntarily dismiss Mr. Cline. Colonel Smithers, the Mingo County Commission, and Jarrod Fletcher oppose dismissal, asserting, inter alia, that Mr. Cline is an indispensable party, that his absence would prejudice them, and that the proper apportionment of liability depends upon Mr. Cline remaining a party defendant. Mr. Woodruff has not replied. Inasmuch as it appears at this juncture that the proper apportionment of liability and the award of complete relief among the parties depends upon Mr. Cline remaining in the action as a party defendant, it is ORDERED that Mr. Woodruff's motion to dismiss Mr. Cline be, and hereby is, denied without prejudice.

I.

A. The Defendants

On September 30, 2013, plaintiff Robert Woodruff instituted this action. He is a resident of Mingo County, West Virginia. Defendant Michael Thornsbury was, at all relevant times, serving as a judge on the Circuit Court of Mingo County. Mr. Woodruff alleges that the unlawful actions engaged in by Mr. Thornsbury occurred while he was acting in his official capacity.

Colonel Smithers commands the West Virginia State Police. Administrator Canterbury is the operations director of the Supreme Court of Appeals of West Virginia.

Defendant Jarrod Fletcher was, at all times relevant, the foreperson of the Mingo County grand jury. Mr. Woodruff alleges that all actions complained of by Mr. Fletcher occurred while he was acting in his official capacity on behalf of the Mingo County Commission.

Trooper Moore is a member of the West Virginia State Police. Officer Glanden is, or formerly was, a member of the City of Gilbert Police Department. Defendant Jeff Cline is a close friend and confident of Mr. Thornsbury. The Mingo CountyCommission is the municipal seat of government for Mingo County. Mr. Sparks is the former Prosecuting Attorney of Mingo County.

B. General Allegations of the First Amended Complaint

Mr. Woodruff is married to Kimberly Woodruff. He was employed at H. Coal Co., a Mingo County coal mining facility. From approximately January 2008 through spring 2009, Ms. Woodruff was Mr. Thornsbury's administrative assistant. She endured his various forms of sexual harassment during this time, refusing his proposed liaisons. Mr. Thornsbury told Ms. Woodruff that, if her husband were ever arrested, he would be forced to terminate her employment. She continued to rebuff his advances.

From approximately 2007 through early 2010, then-Judge Thornsbury cultivated a relationship with Trooper Moore with the design of securing influence over him in the performance of Trooper Moore's official duties. Mr. Thornsbury is also alleged to have gained influence and control over Mr. Fletcher, who was Mingo County's Director of Homeland Security and Emergency Management when he was serving as foreman of the grand jury. Mr. Fletcher is a close friend of Mr. Thornsbury and, in 2008 and 2009, the two became business partners in multiple ventures. That relationship was not widely known until mid-2009.

C. The Alleged Conspiratorial Activities Aimed at Mr. Woodruff

Ms. Woodruff's refusal to engage in a sexual liaison with Mr. Thornsbury caused him, in the second half of 2008, to devise a scheme to have Mr. Woodruff incarcerated. Mr. Thornsbury instructed Mr. Fletcher to relay information to Trooper Moore and other, unnamed members of the West Vi rginia State Police that Mr. Woodruff had concealed cocaine under his pickup truck. Mr. Fletcher was selected for this task based upon his influence as Director of Mingo County Homeland Security and Emergency Management. Both Mr. Fletcher and Trooper Moore were aware of the fact that Mr. Thornsbury was obsessed with Ms. Woodruff at the time.

At a later unspecified date, Mr. Thornsbury summoned Mr. Cline to his chambers. Mr. Cline was instructed to attach a metal box filled with cocaine under Mr. Woodruff's vehicle. Mr. Thornsbury explained that, with Mr. Woodruff out of the way, Ms. Woodruff would be forced to have a romantic relationship with him out of financial necessity. Mr. Cline agreed to plant the drugs as directed but never followed through.

From 2006 through 2008, Mr. Woodruff salvaged scrap mine-roof drill bits from his employer, H. Coal Co. He would thentransport them to another facility for refurbishing. H. Coal permitted him to do so. In approximately the second half of 2008, however, Mr. Thornsbury told Trooper Moore that Mr. Woodruff was stealing the bits. Mr. Thornsbury instructed Trooper Moore to file charges to that effect but to conceal Mr. Thornsbury's involvement.

Upon investigating the matter, Trooper Moore learned that Mr. Woodruff was authorized to take the bits. When Trooper Moore informed Mr. Thornsbury, the latter nevertheless insisted that Mr. Woodruff be charged with grand larceny. On December 2, 2008, Trooper Moore arrested Mr. Woodruff on three (3) felony counts arising out of Mr. Woodruff's authorized bit removal work. He was charged with grand larceny, receiving and transferring stolen goods, and obtaining money under false pretense. Mr. Woodruff was on bond from December 2, 2008, to January 9, 2009. On that end date the charges were dismissed.

On January 14, 2009, Trooper Moore, at Mr. Thornsbury's direction, filed an additional criminal charge against Mr. Woodruff for the same fraudulent scheme. The charge remained pending from January 14, 2009, until August 21, 2013. On that end date, it was dismissed.

On January 20, 2009, Mr. Thornsbury appointed Mr. Fletcher as the foreperson of the Mingo County grand jury. Thatact is alleged to have contravened West Virginia Code section 52-1-8(d), which prohibits a state officeholder from serving on a state grand jury. The appointment ostensibly permitted Mr. Thornsbury to control the grand jury. That control allegedly resulted in the improper issuance of grand jury subpoenas duces tecum to oppress Mr. Woodruff and procure his indictment on felony charges. Trooper Moore was called to testify against Mr. Woodruff on this matter in the absence of the prosecuting attorney. The grand jury did not return an indictment.

On or about January 25, 2012, Mr. Woodruff was involved in an altercation at a convenience store in Gilbert. A police report indicated that two other individuals started the conflict, with one pulling a firearm. Three eye witnesses reported as much. Law enforcement review of a video recording of the altercation confirmed the accounts. A month later, however, Mr. Thornsbury told Officer Glanden to obtain an arrest warrant for Mr. Woodruff on charges of assault and battery. Officer Glanden was not involved in the investigation up to that point. On February 23, 2012, Officer Glanden executed the warrant as instructed.

Between February 2012 and October 2012, during which time Mr. Woodruff was on bond, Mr. Thornsbury instructed Mr. Cline to visit the Mingo County Prosecuting Attorney. Mr. Cline was directed to tell the prosecutor to offer a plea agreement to Mr.Woodruff requiring a six-month term of incarceration on the assault and battery charge. First time offenders on an offense of that sort are typically offered the penalties of a nominal fine and the payment of court costs. The plea agreement offer was refused by Mr. Woodruff and his lawyer. On October 31, 2012, just a few days before the scheduled trial, the case was dismissed. Mr. Woodruff was only recently made aware of the conspiratorial activities directed against him. The conspiracy was concealed until uncovered by federal law enforcement agents on a date unknown.

On September 30, 2013, Mr. Woodruff instituted this action. The January 31, 2014, first amended complaint alleges in Count One a claim pursuant to 42 U.S.C. § 1983 against...